The applicant sought statutory accident benefits after experiencing a severe psychological reaction when her vehicle's fuel tank emptied underneath her car due to a mechanical error.
The respondent denied benefits on the basis that the incident was not an 'accident' under s. 3(1) of the Statutory Accident Benefits Schedule.
The Licence Appeal Tribunal applied the two-part test from Caughy and found that while the purpose test was met, the causation test was not.
The Tribunal concluded that the improper installation of the fuel pump was an intervening act and the dominant feature of the injuries was observing the leak, not the use or operation of the vehicle.
The application was dismissed.
